Tax returns with my non-permanent-resident spouse

[Tina and Johan 206]

I already see that we can file an exemption for his Irish income for 2014, but what about the fact that he has yet to receive his green card (interview waiver case)?

This is what I'm thinking we can do, and a little background: My husband and his son arrived in the USA on July 25, 2014. We filed his AOS on August 2nd. His EAD was approved in November, and he's been working since. Do we file joint with the 2555EZ form for him, even though he's not yet considered a resident? I loathe tax season.

[aaron2020 11,651]

He only need a SSN or ITIN to file a joint return with you.

It doesn't matter if he has a green card or not.

[Tina and Johan 206]

He only need a SSN or ITIN to file a joint return with you.

It doesn't matter if he has a green card or not.

Thanks! I went down the rabbit hole of IRS.gov and found stuff like "green card test," and all kinds of scary stuff. I always do my own taxes, and really don't want to have to pay to have them done this year.

Edited January 19, 2015 by Tina and Johan

[Pinkrlion 2,724]

He is not exempted from filing income tax because he does not have GC. His EAD allows him to work, and pay taxes. So his foreign income can be exempted, but he has to file his US income.

[aaron2020 11,651]

Thanks! I went down the rabbit hole of IRS.gov and found stuff like "green card test," and all kinds of scary stuff. I always do my own taxes, and really don't want to have to pay to have them done this year.

Since you are lost, it would be smart to hire a qualified tax preparer a few hundred for one tax return. Next year, you can go back to doing your own once this problem disappear.

How much time do you want to invest in figuring out what will affect you once? What are the consequences if you get it wrong?

The cons justifies paying the couple of hundred.

Thanks! I went down the rabbit hole of IRS.gov and found stuff like "green card test," and all kinds of scary stuff. I always do my own taxes, and really don't want to have to pay to have them done this year.

Since you are lost, it would be smart to hire a qualified tax preparer a few hundred for one tax return. Next year, you can go back to doing your own once this problem disappear.

How much time do you want to invest in figuring out what will affect you once? What are the consequences if you get it wrong?

The cons justifies paying the couple of hundred.

[KVE 29]

I'm using TurboTax to file, and my wife has used that a lot of times before. It does the foreigner earned income exclusion and has the relevant tests. It basically asks you questions and then figures things out for you.

I also have an EAD, but you can file as a resident for Tax purposes. I am filing as a resident for Tax purposes.

Good luck with the tax return, it sure is a headache.

[Nich-Nick 3,354]

I already see that we can file an exemption for his Irish income for 2014, but what about the fact that he has yet to receive his green card (interview waiver case)?

This is what I'm thinking we can do, and a little background: My husband and his son arrived in the USA on July 25, 2014. We filed his AOS on August 2nd. His EAD was approved in November, and he's been working since. Do we file joint with the 2555EZ form for him, even though he's not yet considered a resident? I loathe tax season.

A simple way for him to be considered a resident for tax purposes is each sign a statement saying you make the election to do that. Then voila! he is just like any greencard holder or USC in the eyes of the IRS. SSee this IRS publication on page 9. The left column "Nonresident Spouse Treated as a Resident" and the middle column "How to Make the Choice" says what the statement should include. http://www.irs.gov/pub/irs-pdf/p519.pdf#page9

The Foreign Income Exclusion: it's more written for Americans working abroad so has sometime confusing info. The American would have to meet criteria to live and work in that country as opposed to being on a long vacation and trying to get out of some taxes. So the bonafide resident test or physical presence test to qualify. However it can be used by your husband. He for sure is was a bonafide resident of his country and most likely physically present there since his birth which far exceeds the requirement. Remember the "foreign country" that they speak of being present in is not the US, but his home country. When TurboTax asks if he had a visa to that foreign country...No, he didn't need one. He was a citizen. (Like I said, some of the talk tends to be toward Americans going abroad.)

I disagree with the statement that says having EAD REquires him to file a tax return. If he did no work in the US during 2014, or earned under the filing threshold, he has to file nothing. You would file Married Filing Separately. But it will be a tax bonus for your income to file jointly.

Hope that helps

Edited January 21, 2015 by Nich-Nick

[Tina and Johan 206]

That helps considerably!! Thank you very much!